our experience with visiting America on a tourist visa with a pending I-129F (K-1)

[imthenachoman 3]

To keep things simple I will summarize:

• I am not a lawyer and this is just a recount of our experience. I can't be held responsible for what happens to you.
• I am an American citizen
• My (now) wife is an Indian citizen
• She had a valid tourist visa from before we met
• I submitted the I-129F on 2014-04-05
• I wanted her to visit so we could do some house shopping
• I contacted the immigration officers at the airport she would arrive from and explained our situation
• They told me that as long as she had a valid tourist visa and was going to return they would let her in
• I repeat, as it was their only concern: she had to prove that she was going to return
• We bought plane tickets for her to arrive 2014-09-13
• On 2014-08-26 I got her NOA2 saying her application was approved
• I called the immigration officers at the airport again and they said she can still come
• She came on 2014-09-13 and the immigration officer asked for evidence of her return and she showed him a copy of her return ticket (on her phone)
• She returned a few weeks later to complete the visa process

Long story short, it is possible to enter America on an existing tourist visa with a pending/approved I-129F as long as you can prove to the immigration officer that you will return. I think it is at the discretion of each immigration officer but I spoke to ours before I bought the ticket.

[Cody and Daisy 373]

This is already covered in the "yes you can vist" thread at the top of this forum.

[TBoneTX 45,259]

It's covered there; however, it's still valuable to read a stand-alone thread with a bulleted summary. The OP has very sensibly placed a link to this thread in the "Yes, You Can Visit" thread.

Edited February 14, 2015 by TBoneTX

[Mrs.Sharp 0]

Thanks for posting!

[salmuf 9]

Yes, if the visa was approved and issued before the I129f was filed and the person would be travelling back to the home country before the K1 interview, there is no reason why they should not be able to travel.

[jjwatson 0]

We have filed I-129f and have received NOA1 in Dec-2014. Since the processing times at TSC are over 200 days, last week my fiancee tried to obtain a visitor visa at the Mumbai Consulate to visit me in the US. It was denied. She showed the officer K1 packet, NOA1, her job letter, rental agreement, financial support affidavit. She clearly stated that she plans to return to India to complete K-1 formalities. None of that helped. The officer said she will have to treat my fiancee's case as "potential immigrant" hence the denial. Do not know what could we have done different.

[TBoneTX 45,259]

It sounds as though she got a consul who was conservative or cautious. Nothing ventured, nothing gained.